Legal Standing of Individuals and ngo s in Environmental Matters under Article 9(3) of the Aarhus Convention

Abstract

Individuals and non-governmental organizations’ access to justice in environmental matters may be hindered by a variety of obstacles, such as the fulfillment of legal standing conditions. In this regard, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), on its Article 9(3), imposes on each State Party the obligation to ensure members of the public, “where they meet the criteria, if any, laid down in its national law”, to have access to justice in order to challenge any violation of national environmental law. In this contribution, I focus on this provision with the purpose of assessing its normative content regarding the criteria for legal standing. To this end, I analyze the interpretation of Article 9(3) given by the Aarhus Convention Compliance Committee (accc), as well as the relevant case law of domestic courts and the Court of Justice of the European Union (cjeu).